Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-01-14
WHISKY CRIME WHAT IT MAY LEAD
To

Gardiner has escaped just deserts for
the brutal and unprovoked murder of
young Guindon. A merciful jury has
saved his neck through the means of a
verdict of murder in the second degree.
As murder of the first degree must be
willful, deliberate, etc, and all other muir
der is of the second degree the jury vir
tually say that Gardiner did not willfully,
or deliberately, or premeditately kill
young Guindon. We can well understand
therefore, why the defendants counsel
should at once move for new trial. For
they have maintained that Gardiner was
guilty either of murder in the first degree,
OR of manslaughter, which is killing
voluntary upon sudden quarrel or in
heat of passion; or Involuntary in the
commission of an unlawful act not amount
ing to felony, etc. If Gardiner was in
sane at the time of the killing, and not
momentarily so; insane, as contended be
fore and after, and for long time indeed,
then he could not have willfully and pre-
meditatedly killed Guindon, and so should
have gone free. If he killed him upon a
quarrel, or in heat of passion, the homi-
eide was manslaughter. If he was crazed
by drink voluntarily taken, it did not ex-
cuse him. and could not shield him from
the results Of his act. Such was the charge
of the Court Underline circumstances, it
is by no means merely speculative to fore
cast the resultant a new trial will be
granted, and eventually the man will go
free of the law. 1t is possible that the
jury is to be justified in its verdict on the
theory that it could not agree upon
a conviction of murder in the first
degree That is the charitable view to
take of it. 1t remains that the whisky
stimulated brain of dyspeptic impelled
the hand of morose man to take as bright
and promising a young life as there was
in the State, for no otfense whatever, and
tina, it is now impossible for the murderer
to be punished save in an apologize man
ner.
We renew our suggestion that the legis-
lators of the State rack their brains to
evolve a law that will hold constitutional
water, to make the fact Of crime commit
ted under the influence of strong drink
such aggravation as to augment the sever
ity of the penalty. If rum is to continue
going about the country cutting Threats
and blowing out brains, and excusing its
slaves in Court for the sake of ITSELF the
only safe procedure for sober citizens will
be to arm against the possible assaults
Of intoxicated men, since in seven
cases out OF ten of whisky murders the poor
wretch had no malice against his victim,
and sober would embrace rather than kill
him. There is neither heat nor exaggera-
ton in words-we simply express the
thought of nine out of ten decent citizens,
that whisky-crime is becoming danger
ously frequent, and more still that whisky
clearances are more SO. A half dozen
cases eau be recalled in this city
within few weeks in which the
pleas in defense for crime, from sneak
thievery to assaults upon life, have been,
| was drunk" and, strange to say IN most
cases the plea serves the purpose of the
criminal. II may be that bad whisky--or
good, for that matter-is slandered by
these things; that much crime is shout
dered upon both Of which it is innocent
that it is made convenient scape-goat-
such is possibility, and We have known
cases where it was verify. But it remains
that such has become the frequency Of
rum murders, whisky assaults and aIco-
holie crime generally, that it will not be
surprising if the practice develops on the
part of sober citizens, Of drawing and
shooting on the spot drunken ones they
meet who act belligerently and tumble
about the hip pocket, or that such blotiing
out Of whisky lunatics should be backed
by strong-approving public sentiment,
the natural result of the record OF alco-
hole crime that burdens the daily news.
With perfect GOODNESS of judgment it may
be stated as a fact that tiger of the
iunrles would be less dangerous foe in
the streets of an American city to-day
than an armed drunkard; with the first,
men would know precisely how to deal ;
as TO the second, they are in doubt, and
hence it is that so few drunken criminals
have due punishment meted out to them.
We repeat, the hour draws near when
law is necessary making crime committed
in state of intoxication subject to severer
punishment than crime committed in So
briefly.